On August 30, 2024, the Federal Trade Commission announced that the Department of Justice filed a complaint upon notification and referral from the FTC against a surveillance camera company that allegedly failed to provide...more
9/3/2024
/ CAN-SPAM Act ,
Civil Monetary Penalty ,
Compliance ,
Customer Information ,
Data Collection ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Infectious Diseases ,
Misrepresentation ,
Opt-Outs ,
Personal Information ,
Settlement ,
Surveillance ,
Without Consent
On August 14, 2024, the Federal Trade Commission announced a Final Rule combatting bogus consumer reviews and testimonials by prohibiting their sale or purchase. The Rule allows FTC lawyers to strengthen enforcement, seek...more
8/14/2024
/ Artificial Intelligence ,
Compensation ,
Corporate Counsel ,
Deceptive Intent ,
Disclosure Requirements ,
Enforcement Actions ,
Fake Reviews ,
False Advertising ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FTC Act ,
Incentives ,
Misrepresentation ,
Penalties ,
Social Media ,
Solicitation ,
Testimonial Statements
On August 8, 2024, the Federal Trade Commission announced that as a result of a lawsuit, two defendants that allegedly helped operate a purported business opportunity scheme known by several names have agreed to settlements...more
On August 2, 2024, on behalf of the Federal Trade Commission, the Department of Justice sued video-sharing platform TikTok, its parent company ByteDance, as well as its affiliated companies, with allegedly violating the...more
The Federal Trade Commission and the Department of Justice possess both overlapping and distinct authority to challenge anti-competitive practices under federal law. The FTC enforces, without limitation, the FTC Act and the...more
7/29/2024
/ Anti-Competitive ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Fraud ,
FTC Act ,
Jurisdiction ,
Securities and Exchange Commission (SEC) ,
Sherman Act ,
Telecommunications ,
The Clayton Act ,
Unfair or Deceptive Trade Practices
On July 2, 2024 the Federal Trade Commission announced that it initiated action against online used car dealer Vroom for allegedly misrepresenting that it thoroughly examined all vehicles before listing them for sale and...more
On July 2, 2024, the Federal Trade Commission announced that it is taking action against a gig work company for allegedly misleading consumers about the money they could make on the company’s platform and marketing its...more
7/11/2024
/ Business Opportunity Laws ,
Corporate Counsel ,
Corporate Misconduct ,
Disclosure Requirements ,
False Advertising ,
Federal Trade Commission (FTC) ,
Gig Economy ,
Misleading Statements ,
Popular ,
Settlement ,
Unfair Labor Practices
On July 2, 2024, the Federal Trade Commission announced a “refreshed version” of the agency’s Complying with the Made in USA Standard guidance document. The refreshed guidance document includes, without limitation, updated...more
7/8/2024
/ Advertising ,
Compliance ,
Customs and Border Protection ,
Enforcement ,
Federal Trade Commission (FTC) ,
Labeling ,
Made in the USA ,
Manufacturers ,
Marketing ,
New Guidance ,
Tariff Act of 1930
As previously blogged about, here, the Federal Communications Commission recently published the final, single-seller lead generator consent rule (the “Rule”). The Rule amends the definition of “prior express written...more
6/24/2024
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Do Not Call List ,
FCC ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lead Generators ,
Recordkeeping Requirements ,
TCPA ,
Telemarketing ,
Written Consent
On June 17, 2024, the Federal Trade Commission announced an action against software maker Adobe and two of its executives for allegedly deceiving consumers by hiding the early termination fee for its most popular subscription...more
Advertising agencies are potentially liable to the Federal Trade Commission for deceptive acts or practices, along with their clients.
The FTC will consider numerous factors, including, but not limited to, the extent to...more
6/13/2024
/ Advertising ,
Advertising Substantiation ,
Deceptive Intent ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misleading Statements ,
Telemarketing ,
Testimonial Statements ,
Third-Party Liability ,
UDAP ,
Unfair or Deceptive Trade Practices
On June 10, 2024, the U.S. Justice Department announced that together with the Federal Trade Commission, it filed an amended complaint against telehealth company Cerebral Inc., Cerebral’s founder and former Chief Executive...more
6/12/2024
/ Civil Monetary Penalty ,
Data Privacy ,
Data Security ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Healthcare ,
Misrepresentation ,
PHI ,
ROSCA ,
Sensitive Personal Information ,
Telehealth ,
Telemedicine
On June 4, 2024, the Consumer Financial Protection Bureau issued a circular warning against the use of unlawful or unenforceable terms and conditions in contracts for consumer financial products or services. According to the...more
6/6/2024
/ Bank Accounts ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Contract Terms ,
Deceptively Misdescriptive ,
Financial Institutions ,
Mortgages ,
Proposed Rules ,
Remittance Transfer Rule ,
Truth in Lending Act (TILA)
On April 11, 2024, the Federal Trade Commission announced that it has banned an alcohol addiction treatment firm from disclosing health data for advertising purposes in order to settle agency charges that the company shared...more
Generally speaking, investigatory procedures, including use of compulsory process, may be used by Federal Trade Commission (FTC) attorneys in connection with the spectrum of activities that the agency is authorized or...more
5/24/2024
/ Cease and Desist Orders ,
Civil Investigation Demand ,
Compliance ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investigations ,
Law Enforcement ,
Penalties ,
Policies and Procedures ,
Rulemaking Process
The FTC has initiated a number of investigations and enforcement actions in recent years holding companies responsible for consumer injury caused by others or in which they directly participated in the misconduct.
For...more
5/20/2024
/ Enforcement Actions ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fraud ,
Investigations ,
Lead Generators ,
Liability ,
Marketing ,
Misleading Statements ,
Third-Party Liability ,
Unfair or Deceptive Trade Practices ,
VoIP
On May 15, 2024, the Federal Trade Commission Chair Lina M. Khan appeared before the House Appropriations Subcommittee on Financial Services and General Government to discuss the agency’s FY 2025 budget request and ongoing...more
5/17/2024
/ Antitrust Division ,
Consumer Protection Laws ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Excessive Fees ,
Federal Budget ,
Federal Trade Commission (FTC) ,
FERC ,
Fraud ,
Investment ,
Non-Compete Agreements ,
Pharmaceutical Industry ,
Unfair Competition
As previously blogged about, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping...more
Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors...more
4/16/2024
/ Allstate ,
Class Certification ,
Consent ,
Do Not Call List ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Insurance Industry ,
Joinder ,
Lead Generators ,
Liability ,
Motion for Summary Judgment ,
Regulatory Violations ,
Subcontractors ,
TCPA ,
Telemarketing
The rule gives the FTC stronger tools to combat those that impersonate government agencies and businesses, enabling the FTC to file federal court cases seeking civil penalties -
The Federal Trade Commission’s new rule on...more
As blogged about recently, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. ...more
3/27/2024
/ Abusive Acts ,
Audits ,
B2B Transactions ,
Compliance ,
Deceptively Misdescriptive ,
Established Business Relationship ,
Federal Trade Commission (FTC) ,
Fraud ,
Lead Generators ,
New Rules ,
Recordkeeping Requirements ,
TCPA ,
Telemarketing ,
Telemarketing Sales Rule ,
Telephone Service Providers ,
Training Requirements
On March 5, 2024, the Federal Communications Commission announced that it has adopted new rules and codified previously adopted protections that make it simpler for consumers to revoke consent to unwanted robocalls and...more
3/18/2024
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Call Centers ,
Consent ,
Digital Markets Strategy ,
Do Not Call List ,
FCC ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lead Generators ,
Opt-Outs ,
Revocation ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages
In February 2023, the U.S. Justice Department announced that, together with the Federal Trade Commission, a civil enforcement action had been filed against several corporate and individual defendants for alleged violations of...more
3/11/2024
/ California ,
Consent ,
Debt-Relief Industry ,
Department of Justice (DOJ) ,
Do Not Call List ,
Federal Trade Commission (FTC) ,
FTC Act ,
Misrepresentation ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Telemarketing Sales Rule
On March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the rule’s recordkeeping requirements as a result of developments in technology and...more
3/8/2024
/ Advertising ,
Artificial Intelligence ,
B2B Transactions ,
Do Not Call List ,
Emerging Technologies ,
Federal Trade Commission (FTC) ,
Final Rules ,
Fraud ,
Global Marketplace ,
Proposed Amendments ,
Proposed Rules ,
Recordkeeping Requirements ,
Robocalling ,
Scams ,
Small Business ,
Technology Sector ,
Telemarketing ,
Telemarketing Sales Rule
On February 24, 2024, the Federal Trade Commission announced that it will require software provider Avast to pay $16.5MM and prohibit the company from selling or licensing any web browsing data for advertising purposes to...more
2/26/2024
/ Browser History ,
Comment Period ,
Consent Agreements ,
Corporate Counsel ,
Data Collection ,
Data Selling ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Act ,
Prior Express Consent ,
Privacy Laws ,
Privacy Policy ,
Public Comment ,
Section 5 ,
Settlement ,
Software ,
Software Developers ,
UK ,
Unfair or Deceptive Trade Practices